Second Marriages, First Mistakes: How Joint Tenancy and Poor Planning Can Disinherit Your Children

 Posted on November 30, 2025 in Estate Planning

Blended families form when one or both partners bring children from a prior relationship into a new marriage or long-term partnership. These families include stepchildren, stepparents, half-siblings, and many relationships that the law does not balance on its own. Without clear and careful estate planning, it is easy for one set of children to be left out or even disinherited.

Most spouses in second marriages own their home as joint tenants or tenants by the entirety. In Illinois, both forms include a right of survivorship under 765 ILCS 1005/1c, which means the surviving spouse becomes the full owner at the first spouse’s death. But both forms still create the same blended-family problem – they can erase a child’s inheritance instantly.

Our experienced Morris, IL estate planning attorney at Gateville Law Firm can help you structure your estate plan so that everyone you want to care for is protected and difficult disputes over property and inheritance are not part of the picture once you pass away. 

How Does Joint Tenancy Create Disinheritance Risks in Blended Families?

When spouses in a second marriage title their home as joint tenants or tenants by the entirety, the surviving spouse automatically becomes the sole owner. Tenants by the entirety, allowed only for married couples in Illinois, adds creditor protection, but it does not protect children from a prior marriage.

Once the surviving spouse owns the home outright, the deceased spouse’s children have no legal claim to it. The law follows title, not intention. Even if you told your children you wanted them to inherit your share of your home, the law does not enforce verbal promises.

A surviving spouse may face pressure from their own children, enter a new relationship, update their estate plan, or use the home’s equity for personal needs. Nothing requires them to protect your children’s inheritance.

What Other Problems Can Joint Tenancy Cause in a Second Marriage?

Joint tenancy also exposes the home to lifetime risks that many families do not expect. Because both owners share full ownership, your share becomes tied to your spouse’s financial problems. That includes:

• Lawsuits

• Divorces

• Creditors

• Bankruptcy

• Long-term care costs

A single financial crisis can wipe out wealth you hoped to leave to your children. For blended families, this risk is especially serious because it affects two separate family lines.

How Can a Living Trust Protect Both Your Spouse and Your Children?

A Living Trust, sometimes called a Family Protection Trust, offers a better path. You can direct the home into the trust when you die. Your spouse receives support and the right to live in the home, but your children stay protected as final beneficiaries.

This structure removes the risk of accidental disinheritance, limits the impact of remarriage, and keeps the plan from changing after you are gone. It also helps avoid probate, which reduces stress and conflict.

Should You Use Life Insurance or an ILIT to Protect Your Children’s Inheritance?

Life insurance can be one of the easiest ways to leave a secure inheritance that stays in your bloodline. You can give your spouse lifetime protection through the Family Protection Trust while leaving life insurance proceeds directly to your children.

Some parents choose an Irrevocable Life Insurance Trust (ILIT) for even more control. An ILIT protects the funds from divorces, lawsuits, creditors, and outside influence. It keeps the money in the family and allows you to set rules for spending, education support, or long-term financial help.

An ILIT also provides important protections during your lifetime. Because the ILIT owns the policy, it is not counted as your asset for Medicaid spend-down or nursing home recovery. The policy stays safe and the death benefit goes to your family as planned.

Why Do Blended Families Need More Than a Basic Will?

A simple deed or basic Will is not enough for a blended family. You need a plan that protects your spouse, honors your children, and prevents disputes that often happen after a parent dies. With the right trust plan, the right structure for your home, and secure gifts through life insurance or an ILIT, you can protect both sides of your family with clarity and confidence.

Call a Morris, IL Estate Planning Attorney Today.

If you are part of a and want a plan that protects your spouse and your children, Gateville Law Firm can help. Our Grundy County, IL estate planning lawyer will review your goals, explain your options, and guide you toward a plan that keeps your family safe and supported. Call 630-780-1034 to schedule your consultation today.